Grandparent: Noun and Verb
Grandparent can be used to refer to a person’s place in the lineage of a family. Grandparent can also be used to refer to the action of an older adult who raises a grandchild in the place of the parent. One meaning is passive, while the other is active. (The same distinctions apply to parent. “Parenting” is a relatively new term referring to raising a child).
Many grandparents contact my office, usually because they are in distress. Almost always, the grandparents do not like the role thrust upon them and, while they have some legal remedies, none are very good.
Grandparent as a verb. The opioid crisis has caused the number of grandparents raising grandchildren to skyrocket. These folks are faced with the choice of allowing their grandchildren to enter the foster care system or to step-up and take on the arduous task of raising grandchildren. Most grandparents choose to step-up.
This can unfold in many legal scenarios. Ohio has a caretaker affidavit that grants grandparents the right to obtain medical care, provide health insurance and enroll their grandchild in school. This is intended to be a short-term solution and should last only a year, although extensions can be made. This usually takes place while a child is in rehab or is serving a short prison stint. Custody does not actually change; caretaker affidavits are similar to powers of attorney (or a car lease, in even cruder terms).
There are other avenues the grandparents can pursue. Probate court can grant them guardianship or outright adoption. These cases tend to be the Rolls Royces of legal proceedings. Most grandparents pursue legal custody in juvenile court in the county where they reside. Many times, an immediate order of interim custody will be granted if the child is in immediate distress. The children’s services agency can also take interim custody and eventually name the grandparents as caregivers.
The end of this path is legal custody of the grandchild with some provisions made for child support and parenting time to both parents.
Overall, these grandparents love and adore their grandchildren and will refill their empty nest for another round. Most of these grandchildren view the grandparents as their parents. Grandparent, the verb, attracts responsible people who step-up even though they have many legitimate fears relating to their own mortality and the future of their grandchildren.
Grandparent as a noun. This distinction is intended to cover the traditional role as the grandparent who spoils their grandchildren with the consent of the parent. These scenarios take place when at least one parent has natural parental custody of their child. Unfortunately, the death of their child, alienation from one or both parents, or the absence of their adult child can send these grandparents straight to a lawyer’s office to explore their “grandparent rights.”
The court to hear these cases depends upon whether the parents were divorced. If so, domestic relations court can be an option. Otherwise, it is off to juvenile court, which is still an option if the parents were divorced. Some of the most acrimonious custody cases take place between grandparents and parents.
The policy behind all grandparents’ rights is to preserve the relationship between the child and grandparents. A grandparent’s adult child, with or without their spouse’s agreement, can simply cut off all contact if they deem fit. If the parents cut off the grandchild near the birth of the child, before any relationship has formed, the grandparent is likely out of options.
Grandparents’ rights come only from statute, while parent rights come from the fundamental rights of the U.S. Constitution. Because of this distinction, in Ohio, the wishes of a parent are given far more consideration than the wishes of the grandparents. When the parents in fact stop all contact, the grandparents must file a court action.
Usually, a Guardian Ad Litem is appointed and makes the usual recommendation after an investigation. Even if there is a positive relationship between the child and grandparents, there will rarely be a visitation order similar to the every-other-weekend prescription traditionally given to parents. Usually, the grandparents end up with far less visitation from the court than what the parent previously agreed to.
I counsel grandparents not to rush to court because a lawsuit rarely improves relationships. If the grandparents insist, I counsel them to try to remedy the relationship with their child or their child’s surviving spouse.
The reality is that a grandparent is just a grandparent when the child’s parents have custody of the child. Many grandparents are too aggressive and refuse to step-back and let the parents do the heavy lifting of child rearing. The lodestar for every child custody case is the best interest of the child, and it is not in the child’s best interest to observe drama and the adults behaving badly. If an adult parent has gone so far as to cut off their own parents from the child, there is usually a reason bigger than a disagreement about the Thanksgiving turkey. I counsel these grandparents to tone down their opinions, scorekeeping and expectations. Of course, this rarely is taken to heart.
Irony. Most grandparents who have legal custody of their grandchildren would welcome the return of the parents to responsible parenting. Sixty is old to be battling diapers and potty training.
Most grandparents who are fighting in court with their adult children (or their heirs) expect to take on the parent role to which they are not legally entitled. They would love to be able to supervise homework, sports and impose limits on the child.
Perhaps someone should start a support group with the nouns and the verbs so that each
-Anne Harvey
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by Anne Harvey








